Child Custody in New York: Legal Guidance for Your Family’s Future

At Cedeño Law Group, PLLC, we understand that navigating child custody matters can be an emotional and complex experience. Our team of experienced child custody lawyers is dedicated to providing compassionate and effective representation tailored to your unique needs. We offer a free consultation to discuss your case and explore the best strategies to secure a favorable outcome for you and your children. Contact us today to schedule your free consultation and take the first step towards a brighter future for your family.

What Is Child Custody?

At Cedeño Law Group, PLLC, we understand that child custody is often the most emotionally charged and complex aspect of divorce proceedings. Child custody refers to the legal and practical relationship between a parent and child, including the right to make important decisions about the child’s upbringing and the responsibility for the child’s care.

In New York, there are two main types of custody:

1. Legal Custody: This involves the right to make major decisions about the child’s welfare, including matters of education, healthcare, and religious upbringing. Legal custody can be joint (shared between both parents) or sole (granted to one parent).
2. Physical Custody: This refers to where the child primarily resides and which parent is responsible for the child’s daily care. Physical custody can also be joint (the child spends significant time with both parents) or sole (the child lives primarily with one parent, while the other may have visitation rights).

It’s important to note that New York courts always prioritize the best interests of the child when making custody determinations. Factors considered may include each parent’s ability to care for the child, the child’s relationship with each parent, and any history of domestic violence or substance abuse.

As experienced child custody lawyers, we at Cedeño Law Group, PLLC are committed to helping you navigate this complex process. We strive to achieve custody arrangements that protect your parental rights while ensuring your child’s well-being remains at the forefront of all decisions.

Who Gets Child Custody in a New York Divorce?

At Cedeño Law Group, PLLC, we often hear this question from concerned parents facing divorce. In New York, there’s no presumption that either parent should automatically get custody. Instead, the court’s primary consideration is always the best interests of the child.

New York courts consider various factors when determining child custody arrangements:

1. The child’s primary caregiver: The court often favors the parent who has been the primary caregiver, responsible for the child’s daily needs.
2. Each parent’s ability to provide for the child: This includes financial resources, living arrangements, and ability to meet the child’s physical and emotional needs.
3. The child’s relationship with each parent: The court considers the quality of the child’s bonds with each parent.
4. Each parent’s work schedule and availability: A parent with a more flexible schedule may be viewed more favorably.
5. The child’s preference: If the child is old enough (usually teens), their preference may be considered, though it’s not the sole determining factor.
6. Each parent’s physical and mental health: The court assesses each parent’s ability to care for the child long-term.
7. Any history of domestic violence or substance abuse: These issues significantly impact custody decisions.
8. Each parent’s willingness to foster a relationship between the child and the other parent: Courts favor parents who support the child’s relationship with both parents.
9. The parents’ ability to cooperate and communicate: This is particularly important in joint custody arrangements.
10. Continuity and stability in the child’s life: The court often tries to maintain the child’s current living situation, school, and community ties if possible.

It’s crucial to understand that every case is unique. At Cedeño Law Group, PLLC, we work closely with each client to present the strongest case possible for custody. We help gather relevant evidence, prepare compelling arguments, and advocate vigorously for your parental rights and your child’s best interests.

Remember, while the court makes the final decision, many custody arrangements are settled through negotiation or mediation. Our experienced attorneys can guide you through these processes, aiming for an agreement that serves your child’s needs and protects your rights as a parent.

How Can an NYC Child Custody Lawyer Help?

At Cedeño Law Group, PLLC, our experienced NYC child custody lawyers play a crucial role in protecting your rights and your child’s best interests. Here’s how we can assist you:

Legal Expertise

We possess in-depth knowledge of New York family law and stay updated on the latest legal developments. This expertise allows us to provide you with sound advice and develop effective legal strategies.

Case Evaluation

We’ll thoroughly assess your situation, helping you understand your rights and the potential outcomes of your case. This evaluation forms the foundation of a strong custody strategy.

Paperwork and Documentation

Child custody cases involve complex legal documents. We handle all necessary paperwork, ensuring everything is filed correctly and on time.

Negotiation

Many custody disputes are resolved through negotiation. Our skilled attorneys can represent you in discussions with your ex-partner’s legal team, working towards a favorable agreement without court intervention.

Mediation Support

If mediation is appropriate, we’ll guide you through the process, ensuring your interests are protected while working towards an amicable resolution.

Court Representation

If your case goes to trial, we provide robust representation in court. We’ll present compelling arguments, cross-examine witnesses, and advocate passionately for your position.

Evidence Gathering

We help collect and present evidence that supports your case, including financial records, character witnesses, and expert testimonies if necessary.

Modification of Existing Orders

If circumstances change and you need to modify an existing custody order, we can guide you through this process.

Emergency Interventions

In cases involving immediate danger to the child, we can act swiftly to seek emergency custody orders.

Parenting Plan Development

We assist in creating comprehensive parenting plans that address custody, visitation schedules, decision-making responsibilities, and other crucial aspects of co-parenting.

Interstate Custody Issues

If your case involves multi-state jurisdictions, we have the expertise to navigate these complex legal scenarios.

Domestic Violence Considerations

In cases involving domestic violence, we provide sensitive, specialized representation to protect you and your child.

Emotional Support

While maintaining professional boundaries, we offer compassionate support throughout this emotionally challenging process.

At Cedeño Law Group, PLLC, we understand that every family is unique. We tailor our approach to your specific needs and circumstances, always prioritizing your child’s well-being and your parental rights. Our goal is to achieve the best possible outcome for you and your child, whether through negotiation or litigation.

Don’t navigate the complex terrain of child custody alone. Let our experienced NYC child custody lawyers guide you through this challenging time, providing the skilled advocacy and support you need to secure your child’s future.

How Is Child Support Determined?

In New York, child support determination follows specific guidelines, but it’s not always a straightforward process. Here’s an overview of how child support is typically calculated:

• Basic Child Support Obligation: New York uses the Child Support Standards Act (CSSA) to calculate the basic child support obligation. This is based on a percentage of the combined parental income, depending on the number of children:
  • 17% for one child
  • 25% for two children
  • 29% for three children
  • 31% for four children
  • No less than 35% for five or more children
• Income Considerations: The court considers the gross income of both parents, minus certain deductions such as FICA taxes, New York City or Yonkers income tax, and support paid for other children.
• Additional Expenses: On top of the basic obligation, parents may be required to contribute to additional expenses such as:
  • Childcare costs
  • Health insurance and medical expenses
  • Educational expenses
• Income Cap: As of 2024, the court applies these percentages to combined parental income up to $183,000. For income above this cap, the court has discretion to apply the percentage or consider other factors.
• Low-Income Exemptions: There are provisions for low-income parents to ensure that child support payments don’t cause undue financial hardship.
• Shared Custody Considerations: In cases of shared physical custody, the higher-earning parent typically pays child support to the lower-earning parent, but the amount may be adjusted based on the time each parent spends with the child.
• Deviation from Guidelines: While courts generally follow these guidelines, they can deviate if the resulting child support amount is deemed unjust or inappropriate. Factors for deviation might include special needs of the child, extraordinary expenses, or substantial differences in the parents’ incomes.

At Cedeño Law Group, PLLC, we recognize that every family’s financial situation is unique. Our experienced attorneys can help you understand how these guidelines apply to your specific case. We’ll work diligently to ensure that any child support arrangement is fair and adequately provides for your child’s needs.

Whether you’re seeking child support, being asked to pay, or need to modify an existing arrangement, we’re here to advocate for you and your child’s best interests. We can help gather necessary financial documentation, argue for appropriate adjustments when warranted, and ensure that all relevant factors are considered in determining child support.

Remember, while these guidelines provide a framework, child support determinations can be complex. Our goal is to help you navigate this process, providing skilled legal representation to achieve an outcome that supports your child’s well-being and protects your financial interests.

Don’t Navigate Child Custody Alone – Contact Cedeño Law Group Today

Your child’s future and your rights as a parent are too important to leave to chance. At Cedeño Law Group, PLLC, we offer the experienced, compassionate legal representation you need during this critical time. Our team of skilled New York child custody lawyers is ready to fight for your rights and your child’s best interests. We offer free initial consultations to discuss your case and explore your options. Don’t wait – take the first step towards securing your family’s future. Call us now at 212-235-1382 or fill out our online contact form to schedule your free consultation. Let us help you achieve the best possible outcome for you and your child.

Best Child Custody Lawyers Near Me Free Consultation FAQs

What’s the difference between legal and physical custody?

Legal custody refers to the right to make important decisions about your child’s upbringing, such as education and healthcare. Physical custody determines where the child primarily lives. Both can be joint (shared) or sole (given to one parent).

Can I get sole custody of my child?

While possible, New York courts generally favor joint custody arrangements unless there are compelling reasons (such as abuse or neglect) to award sole custody to one parent. We can help you understand your options based on your specific circumstances.

How does the court decide what’s in the “best interests of the child”?

Courts consider various factors, including each parent’s ability to care for the child, the child’s relationship with each parent, stability of home environments, and any history of domestic violence or substance abuse.

Can my child choose which parent to live with?

While the court may consider an older child’s preference, it’s not the sole determining factor. The child’s maturity and reasons for the preference are also taken into account.

How can I modify an existing custody arrangement?

You can petition the court for a modification if there’s been a significant change in circumstances since the original order. Our attorneys can guide you through this process.

What if my ex wants to move out of state with our child?

The parent wishing to relocate typically needs court approval or the other parent’s consent. These cases can be complex, and it’s crucial to have experienced legal representation.

Do grandparents have custody rights in New York?

Grandparents can petition for visitation rights under certain circumstances, but custody is generally reserved for parents unless there are exceptional situations.

How long does a child custody case typically take?

The duration varies greatly depending on the complexity of the case and whether it’s settled through negotiation or goes to trial. We strive to resolve cases efficiently while ensuring your rights are protected.

What if my ex isn’t following our custody agreement?

You can file a petition for enforcement with the court. We can help you take appropriate legal action to ensure the agreement is followed.

Do I need a lawyer for my child custody case?

While not legally required, having an experienced child custody lawyer significantly improves your chances of achieving a favorable outcome. We can protect your rights and navigate the complex legal process on your behalf.